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Home My WebLink About08-3440CAROLYN HOCKER, : IN THE COURT OF COMMON PLEAS OF V. :No. G i - 3 y yo CIVIL TERM Appellant HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, : APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION APPEAL FROM DETERMINATION OF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND TERMINATING APPELLANT'S SECTION 8 HOUSING CHOICE VOUCHER Appellant, CAROLYN HOCKER, pursuant to 2 Pa.C.S.A. §752, appeals from a determination of the Housing Authority of the County of Cumberland terminating her Section 8 Housing Choice Voucher, on the following grounds: 1. Appellant/Petitioner, Carolyn Hocker (hereinafter "Ms. Hocker"), is an adult individual residing at the present time at 35 East Gate Drive,Apt.#205, Carlisle, PA 17015. 2. Appellee/Respondent, Housing Authority of the County of Cumberland, (hereinafter "the Housing Authority"), is a "local agency" within the meaning of the "Local Agency Law," 2 Pa.C.S.A.§§551-555, 751-754, and with offices located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 3. Christopher Gulotta is the Executive Director of the Housing Authority. He is responsible for seeing that the Housing Authority complies with applicable laws and regulations. His office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA. 17013. 4. Cathy S. Graver, is Director of Operations for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 5. Carolyn Bair is the Rental Assistance Program Supervisor for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 6. Ms. Hocker is a single person, a senior citizen, who has received rental assistance from the Housing Authority since some time in 2003. 7. Following an informal hearing on May 5, 2008, the Housing Authority (letter attached as Ex. "A") terminated Appellant's Housing Choice Voucher for allegedly having someone living with her who was not on the lease, in violation of program regulations. 8. Appellant believes that she will be able to establish by overwhelming competent evidence that no one is living or has lived with her in violation of regulations or her lease. 9. Housing is not affordable for herself without rental assistance from the Appel lee/Respondent. WHEREFORE, Appellant requests that this Honorable Court grant the following relief: A. Pursuant to 2 Pa.C.S.A.§754, schedule a de novo hearing before this Court and, at the conclusion of the hearing, enter an Order reversing the Housing Authority's decision to deny Appellant's continued participation in the Section 8 Housing Choice Voucher Program, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; B. Award Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND • Rental Housing for Families • Rental Housing for Elderly • • Rental Housing for Persons with Special Needs • • Rental Assistance Programs • • First Time Homebuyer Programs • • Supportive Services/Empowerment Programs • Carolyn Hocker 35 East Gate Drive, Apt. #205 Carlisle, PA 17013 COPY Dear Ms. Hocker: On May 5, 2008 an informal hearing was held on your termination from the Section 8 Housing Choice Voucher Program. This termination resulted from information indicating that Elwood Williard has been residing with you. Mr. Williard is not on your lease and is not allowed to reside with you. There has been an ongoing problem with your tenancy since shortly after you moved to East Gate in 2003. In February 2003 you were questioned about Mr. Williard's address and warned that he could not live with you. At that time he was receiving mail at your address. In 2005 the same allegations surfaced again. The incident involving Mr. Williard's daughter contacting the state police and listing his address as East Gate, the fact that his car was repeatedly observed in the parking lot overnight, and the testimony of numerous building residents is very convincing. Mr. Williard's testimony about living in the RV, especially when it involves keeping his cat in the car overnight, does not seem as believable to me. After reviewing the information you provided, the information in the file, and the information the landlord provided, I have decided to uphold our decision to terminate your participation in the program. This termination is effective June 30, 2008. Because of this violation, you are not eligible for our program until July 1, 2011. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Carolyn E. Bair Ex. "A„ Rental Assistance program Supervisor Cc: East Gate Apartments Geoffrey Biringer SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 • CARLISLE PA 17013-2445 Telephone/TDY (717) 249-1315 • (717) 697-7703 • (717) 532-8805 • Fax (717) 249-5988 • E-mail: mall@cchra.com • wwwcchra.com May 19, 2008 Ya4y rja?tyn ? Y? ,_. VERIFICATION I, CAROLYN HOCKER , make this verification that the facts set forth in the foregoing APPEAL FROM DETERMINATION OF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND TERMINATING APPELLANT'S SECTION 8 HOUSING CHOICE VOUCHER, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ?l 2QD r Carolyn I-Yocker' CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, hereby certify that I am this J 4day of June, 2008, serving a copy of the foregoing Appeal From Determination of the Housing Authority of the County of Cumberland Terminating Appellant's Participation in the Section 8 Housing Choice Voucher Program upon the Executive Director of the Housing Authority, Christopher Gulotta, by mailing a true and correct copy of the same to him at the following address by first-class U.S. mail, postage prepaid: Christopher Gulotta, Executive Director Housing Authority of the County of Cumberland 114 N. Hanover Street Carlisle, PA 17013 Geoffrey M. Biringer MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 V?x a ° t, o o (p Ln ?- CAROLYN HOCKER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY V. :No. CIVILTERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, : APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow CAROLYN HOCKER to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. ?/??PJ o Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 ae? cc tsi C"i rv JUN 0 91008 CAROLYN HOCKER, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA De-3 y0v V. : No. 6. CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, : APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION ORDER AND NOW, this / 6 ? day of .?unt, 2008, upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: a de novo hearing will be held before this Court on the day of -Pj?t- 2008, at 3Q o'clock, a m., in Courtroom BY THE COURT: `7 331. e5 CrIl rM 0 CAROLYN HOCKER, : IN THE COURT OF COMMON PLEAS OF Appellant : No. 08-3440 CIVIL TERM HOUSING AUTHORITY OF THE . COUNTY OF CUMBERLAND, : APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION PRAECIPE Please mark the above-captioned action, "Settled and Discontinued." s/s Geoffrey M. Birmger Attorney for the Appellant Supreme Court ID#18040 rte, ,? r ...p ?..,: